Brown v. Stackhouse
Supreme Court of Pennsylvania
Appeal, No. 38, Jan. T., 1893, by defendants, D. P. Stackhouse and Christian S. Kline, from judgment of C. P. Lancaster Co., Jan. T., 1889, No. 80, on verdict for plaintiffs, Theodore P. Brown et al., trading as the Worcester Organ Co. Trespass for wrongful distress.
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Appeal, No. 38, Jan. T., 1893, by defendants, D. P. Stackhouse and Christian S. Kline, from judgment of C. P. Lancaster Co., Jan. T., 1889, No. 80, on verdict for plaintiffs, Theodore P. Brown et al., trading as the Worcester Organ Co. Trespass for wrongful distress. At the trial, before Livingston, P. J., it appeared that D. P. Stackhouse- was the landlord of W. H. Manby and that, on Dec. 20, 1888, Stackhouse placed a warrant of distress in the hands of C. S. Kline, constable, who levied on four organs, belonging to plaintiffs, but in Manby’s possession for sale on commission. There was…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The question whether Stackhouse, the landlord, knew, before the distress and sale, that the organs distrained were the property of the plaintiffs, was fairly submitted to the jury as essential to the right of recovery, and when the verdict was found for the plaintiff, the fact of such prior knowledge was conclusively established. There was ample testimony to support the allegation, and although the defendants denied having such knowledge a question of veracity only was raised by such denial, and that was a matter exclusively for the jury. The ultimate question…
2Cases cited5 opinions
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- Brisben v. WilsonSupreme Court of Pennsylvania · 1869
- Howe Sewing Machine Co. v. SloanSupreme Court of Pennsylvania · 1878
- Page v. MiddletonSupreme Court of Pennsylvania · 1888
- Caldcleugh v. HollingsworthSupreme Court of Pennsylvania · 1844
3Cited by12 opinions
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- Tinware Manufacturing Co. v. DuffSuperior Court of Pennsylvania · 1900
- Rebold v. KolbSuperior Court of Pennsylvania · 1917
- N. Z. Graves Co. v. SmithSuperior Court of Delaware · 1915
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